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SCOTT v. CITY OF ANNISTON, ALA.

No. 81-7492.

682 F.2d 1353 (1982)

Mack SCOTT, et al., Plaintiffs-Appellants, v. CITY OF ANNISTON, ALABAMA, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 12, 1982.

Attorney(s) appearing for the Case

George C. Longshore, Birmingham, Ala., for plaintiffs-appellants.

John R. Phillips, Anniston, Ala., for Anniston Civ. Service Bd., Miller and Sawyer.

Emerson & Galbraith, Richard B. Emerson, Anniston, Ala., Cabaniss, Johnston, Gardner, Dumas & O'Neal, William F. Gardner, Birmingham, Ala., for City of Anniston, Hodges, Daugherty, Simmons, Rodgers and Stedham.

Before GODBOLD, Chief Judge, MERRITT and HENDERSON, Circuit Judges.

MERRITT, Circuit Judge:

This is the second appeal in this class action employment discrimination case. This appeal presents the question whether it was proper for the District Court to deny class certification on remand after the former Fifth Circuit reversed the District Court's judgment against the class on the issue of liability. We conclude that the District Court should not have decertified the class; therefore, we reverse and remand for consideration of the...

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